Best Practices for avoiding buying a stolen weapon

[superstar]

Reading about gun stores being targeted for theft, what is the best way to avoid buying a stolen gun? I bought mine new so never had to worry about it.

Just asking if the seller has an LTC does not guarantee that the weapon is not stolen, if said LTC holder bought it online for a very good price and decided to sell it to make a quick buck, then the buyer if confronted in a situation where he had to use the weapon would be in a place where I'm sure most of us wouldn't want to be in.

I was thinking in asking the seller to meet at a local PD and have the PD run if the weapon is stolen, is that feasible?

[Jusme]

That would be feasible, but it still won't guarantee the weapon is not stolen. If stolen from a gun store the FFL dealer will have the list of serial numbers, but John Q. Public might not record the serial numbers, so if it is stolen from a residence or vehicle, there may be no way to verify it. This is especially true if the gun has changed hands several times, or was passed down as part of an estate, where the original seller is not known. The only way a stolen gun can be entered into a database is by serial number, so if the theft victim doesn't have it available, it won't be entered into NICS.

I keep a record of all of my gun's serial numbers along with a description of any accessories and their serial numbers if available. I do the same with all of my electronics, and other big ticket items. Where no serial number is available I try to get a photo, and as detailed a description as possible.

You will just have to rely on your gut instincts regarding guns from a private seller. JMHO

[The Annoyed Man]

I don't know if you can completely prevent it, unless you only buy through an FFL, but you can reduce the odds.......

1. Only buy from someone you know, and knowing something about the provenance of the pistol they're selling.

2. Get a bill of sale, with the seller's signature, and if possible, his/her contact information.

3. If the seller is willing, you can ask your local PD to run the serial number before buying. It is my understanding that many police departments will do that. If the seller is confident of the provenance, perhaps they won't mind. But even if they do mind, that's not proof that the gun is stolen.

Personally, I try to keep gov't out of my business as much as possible, and all of the used guns I've purchased or sold since January of 2008 were handled face to face with other members of this forum. It may be naive, but I assume that other regular participating members of this forum are decent upstanding people who would never knowingly buy or sell a stolen gun.

The bottom line is that, if you can obtain a bill of sale with the seller's contact information, you are more or less protected from any criminal liability if the gun is stolen. You would probably have the gun confiscated, but as long as you can prove that you bought it in good faith, you would probably not be charged with anything.

[superstar]

Thanks! I'm buying new then! saving a few bucks does not warrant feeding into the loop of buying stolen weapons.

This might be a different topic but would a person be in legal trouble if they used a stolen weapon in a self defense shooting? Given that they bought it and in good faith thought it was not stolen? Would a bill of sale be the best proof or method to clear any wrong doing?

[superstar]

Thanks TAM, posted a minute to late after your post.

[Jago668]

I'd agree with the bill of sale. Never had any troubles, but seems the easiest way to protect yourself.

[bblhd672]

And never buy a firearm from an ATF agent - no telling what the source is of it.

[flechero]

Thanks! I'm buying new then! saving a few bucks does not warrant feeding into the loop of buying stolen weapons.

Many buy used because what they want is no longer in production or available new.

Buying in cash, over retail price, in a back alley, after midnight - probably increases the chances you are buying a stolen gun! As others have mentioned, there are reasonable precautions you can take when buying a used gun.

[Jusme]

Thanks! I'm buying new then! saving a few bucks does not warrant feeding into the loop of buying stolen weapons.

This might be a different topic but would a person be in legal trouble if they used a stolen weapon in a self defense shooting? Given that they bought it and in good faith thought it was not stolen? Would a bill of sale be the best proof or method to clear any wrong doing?

I think like TAM said, a bill of sale, and having the gun checked by the local PD etc. would probably prevent any charges of theft on your part even if the gun were used in self defense. It would at least be a defense to prosecution. There are tell-tale signs of someone trying to sell anything they know to be stolen, as mentioned, back alley, after dark transactions, refusal to have the gun checked by the PD, or a price too good to be true. I would have no problem purchasing a used gun from anyone on the forum, the same is true for independent dealers at gun shows, pawn shops etc.

But like anything bought used, let the buyer beware.

[rotor]

I have seen so many people on this forum say they would not sell a gun with a BOS and would not provide their DL or LTC data on a BOS. I personally would not buy or sell without BOS and at minimum DL info but that's me.
The other issue of course, when you have purchased a gun do you register it with the manufacturer to get warranty and recall notices? I personally do and I scan all receipts of purchase (which have serial numbers on them).
This will not prevent someone from buying a stolen gun but at least I can trace to the person that would have sold it to me.

[bmwrdr]

I agree with the posts above but I also would never buy into a good deal to good to be true. If for example a seller offers a like new Glock 22 for $200, is in a hurry, can't answer simple questions like how much he paid and where he bought it.
I have bought and sold severals used and new firearms from members of this forum and quiet frankly I haven't even thought one of the could be a bad apple.
I kept records of all information including the serial number of the firearm just in case.
Showing a CHL/ LTC and a matching TX DL gives some peace of ming but there could be an issue as well.
I do not think there is a way to know a firearm can't be in question by buying it as a used item, not even if the seller agrees to a bill of sale.

[mrvmax]

Buying from an FFL does not ensure it is not stolen. I have no way to check serial numbers on used guns. The main issue is losing the money you have in the gun, I still cannot understand why people think if they unknowingly buy a stolen firearm they are going to jail. I'd actually like to know when that has happened in Texas - it may have and I just don't know so I'm not saying it has never happened.

[superstar]

I think like TAM said, a bill of sale, and having the gun checked by the local PD etc. would probably prevent any charges of theft on your part even if the gun were used in self defense.

If and when I go to the local PD and ask to check if a gun it's stolen, can I request a police print out of the results? or is there a document that I can request to prove that I in good faith tried to verify the status of the gun?

[puma guy]

I tried to get my local PD to check a serial number for me with no success. I looked at a couple of stolen weapon data bases and it wasn't on the lists so I went ahead and bought it with a full bill of sale and seller's TDL#. I sent it in for a recall repair with no issues a few month's later.

[RossA]

Many people (like me) don't buy used guns from individuals just to save money. There is also the aspect of not wanting the government to know what guns I have.